House buying - can I do this?

[SJobson]

robsartain said:

The interesting thing is who has the house in their name ? If its joint then they both I assume by law have to agree. If its in his name only then I can`t see this being fraud as he owns the house, HMRC might have issues with the stamp but Im sure a deal can be done if he wants to avoid bank accounts. I think you need to look the house up on the land registry.

She can have an interest in the house without being named on the registered title - and it is usual for a divorce practitioner to protect that interest with a matrimonial home rights notice if she isn't on the title.

Either way, if she is benefitting from a share of the proceeds of sale then she has a right to veto, generally. You're getting involved in somebody else's argument when you try to negotiate, which is crap.

[robsartain]

Thats interesting... so its not about whos name is on the deeds but a legal entitlement, in this case the wife.

So to play devils advocate, if I brought a house and completed and then it turned out the guy I brought it off had an ex wife who ahd a claim on the house, does that mean she still owns half ? I wouldn`t have thought so, I imagine she will need to go after the ex husband for her share. Also if she didn`t agree on the price what legal standing does she have after the event.

or should legally my solictor have picked up on this ??

Touchwood I know nothing about divorces and hopefully never will. :-)

[SJobson]

You, as innocent buyer, will be protected if nothing is on the title (i.e. it's just in one name and there's no matrimonial homes notice). However, the seller will have to account to his ex for half the proceeds, and if he's sold it very cheaply to stiff her then she would be entitled to challenge it - he may have to give her more than half, for instance (but as I say, you as innocent buyer are safe). The only sensible way for that seller to proceed is to agree with his ex who gets what from it, otherwise it could come back to bite him.

Edited by SJobson on Friday 16th July 17:37

[robsartain]

Thanks for reply.

I think as others have said, make a best and final offer and if it isn`t accepted walk away.

Being a divorced couple it sounds like both the man and wife will drag their feet to spite the other one.